Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 195)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 195

certify in writing to the Licensor that You has complied with such

obligation.

11 FORCE MAJEURE

11.1 Neither Party shall be liable to the other Party for any delay or

non-performance of its obligations under this Agreement to the extent that its

performance is interrupted or prevented by Force Majeure.

11.2 Such delay or failure shall not constitute a breach of this Agreement and

the time for performance shall be extended by a period equivalent to that during

which performance is so prevented provided that if such delay or failure persists

for sixty (60) days or more, the Party not affected may, at its option and if it is

reasonable for it to do so, terminate this Agreement by giving fourteen (14) days

written notice to the other Party.

12 WAIVER

Any failure or delay on the part of either Party to exercise any power or

right under this Agreement shall not operate as a waiver of it, nor shall

any single or partial exercise of any such right or power preclude any

other or further exercise of the right or power. Any of the rights and

remedies of either Party under this Agreement may at any time be

enforced separately or concurrently with any other rights and remedies,

whether under this Agreement or arising by operation of law with the

effect that the rights and remedies are cumulative and not exclusive of

each other.

13 NOTICES

13.1 Any notices required to be given under this Agreement shall be in writing

and delivered personally or by first class post or transmitted by facsimile to the

Parties as set out below:

13.1.1 The Licensor:

Address:

Logicube, Inc.

19755 Nordhoff Place

Chatsworth, CA 91311 USA

For attention of:

COO

13.1.2 You:

to the address or facsimile number that You provided for Your purchase of

the Software.

13.2 Any notice served by:

13.2.1 personal delivery, shall be deemed served at the time of

delivery;

13.2.2 first class post, shall be deemed served at the start of the fifth

business day after posting; and

13.2.3 facsimile, shall be deemed served on the day of transmission (or

the next following business day if transmitted outside the Party’s normal

working hours) provided that the sender shall have received a

transmission report indicating that all the pages of the notice have been

transmitted to the correct facsimile number.

13.3 Any Party may change any details of its address or facsimile number by

notice in the manner described above.

14 SEVERABILITY

If any term or provision of this Agreement or its application to any Party

or circumstances shall, to any extent, be invalid or unenforceable, the

remainder of this Agreement or the application of the term or provision

to any other Party or circumstances, other than those as to which it is

already invalid or unenforceable, shall not be affected, and each term

and provision of this Agreement shall be valid and enforceable to the

fullest extent permitted by law. The Parties shall negotiate in good faith

to replace any invalid or unenforceable provisions by substitute

provisions.

15 ENTIRE AGREEMENT

15.1 This Agreement and the Contract constitute the entire agreement

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